Terms and Conditions

This Agreement constitutes a full and complete agreement between the parties. There are no oral or other agreements that supplement, modify, or supersede this Agreement. This Agreement describes the terms and conditions applicable to the services available by Kimberly Sarah Photography. This Agreement describes the client’s responsibilities and, among other things, limits the liability of Kimberly Sarah Photography

Retainer, Contract, and Payment

.The Client shall make a non-refundable limited edition session retainer to the Photographer to perform the services specified herein. Upon payment and signed contract, the Photographer will reserve the time and date agreed upon by both parties. All sales are final. Prices listed on the site do not include sales tax.

Cancellation

If the Client cancels this agreement or fails to show for the scheduled limited edition session time, the session retainer shall be forfeited. If the Photographer elects to cancel the session due to weather, the limited edition session will be rescheduled and the Client's retainer will be applied to the new session date. If the Client is unable to reschedule to the new date, the mini session retainer may be applied to a full session or a future limited edition session.

The Client shall arrive at least five (5) minutes prior to beginning of the agreed upon limited edition session start time. This will allow for the pet to become comfortable with the area. If the Client does not arrive on this time schedule, the Photographer may choose to deduct time from the session time to allow the pet to accommodate to the location and Photographer. Time cannot be made up if the Client is late.

The Client is responsible for providing any treats to the pet during the limited edition session.

Subjects.

The Client is limited to one (1) subject per limited edition session booked. The Client shall maintain control of all subjects, including human beings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the pet’s immediate area. The Client shall cooperate and follow the directions of the Photographer during the course of the session. Failure to cooperate will result in termination of the session and forfeiture of the session retainer.

Release of Liability and Publication.

While the Photographer will endeavor to ensure a safe and professional photographic session, some circumstances are outside the control of the Photographer. The Client agrees that the Photographer shall be held harmless for any and all injury to client or pet during the course of the photography session and the immediately surrounding events. Further, the Client grants to the Photographer the absolute and unconditional worldwide right without right to further payment to use, transmit, display, sell, license, and publish photographs of the Client’s pet.

If the Photographer is unable to perform the session due to pet’s disposition, condition, or circumstances listed within this contract, the Client shall be allowed to reschedule at the Photographer’s discretion for a future limited edition session or apply the session retainer to a full session. The Photographer shall attempt to resolve any circumstances not to exceed five (5) minutes in length. Rescheduling shall occur within a reasonable time in the same calendar year as the original session. If the Client is unable to reschedule within this timeframe, the mini session retainer may be applied toward a full session in the future.

The Client shall provide appropriate formal documentation of all vaccinations, if requested. The pet shall have all current vaccinations at time of the session. Failure to provide documentation, if requested, or have current vaccinations will result in cancellation of session and forfeiture of any payments made, including the session retainer.

Accidental Waste.

The Client shall make every effort to clean up after the pet for any accidental waste that occurs prior to, during, and after the session. The Client is responsible for bringing appropriate clean-up materials to the session.

Completion Schedule.

Products and prints generally take about two to three (2-3) weeks from time of the session to be processed and delivered to the Client. Social media images generally take about one (1) week from the time of the limited edition session to be delivered to the Client. The Photographer shall not be held responsible for delivery delays.

The Client is responsible for digital storage of all digital media purchased. Please back up your files on your computer as well as cloud storage for maximum protection. Digital media does fail.

Photographic Materials

All photographic materials, including but not limited to proofs and previews, shall be the exclusive property of the Photographer. No prints or products will be released until the agreed upon amount is paid in full. All sales are final.

Copyright and Reproductions

The Photographer shall retain ownership of the copyright in all Images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is illegal to scan, copy, or reproduce Kimberly Sarah Photography work in any manner. Kimberly Sarah Photography goes to great lengths to provide top-quality, beautiful Images that you are proud to display. Copying and scanning these Images greatly reduce their beauty and quality. Please contact the Photographer if you would like additional prints.

Client’s Usage

The Client shall only use the Images, including digital files, in accordance with the permissions within this agreement. The Client’s Images are for personal use only and shall not be used in any other manner, including but not limited to, submitting to contests, reproducing for commercial use, or authorizing any reproductions by parties other than the Photographer. The Client shall not amend the Images in any ways. Amendments include but are not limited to reediting and applying filters. Clients may not utilize the Images for commercial use, photo contests, or alter the Image in any way other than cropping when printing. The client shall not use the Images for profit or any other commercial purpose, nor shall the client knowingly give the Images to any persons who will use the Images for profit or any other commercial purpose. This includes, but is not limited to: entry into contests, sales to stock photography agencies, and publishing for advertising or profit in any form. Written permission must be obtained from Kimberly Sarah Photography if you wish to use Images in a commercial manner.

Social Media

Only Images that have been resized for the web may be posted online. The client will receive a watermarked web-sized file of each purchased Image that can be used for online sharing. The Client may share blog post links, social media posts, and Facebook albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion.

Property Release

For good and valuable consideration, the Client is the legal owner of, or has the right to permit the taking and use of photographers of certain property outlined herein; Client irrevocably grants the Photographer, his legal representatives, agents and assigns the full perpetual rights to take and use such photographs in advertising, trade, or for any other purpose. The Client releases and agrees to hold the Photographer harmless and defend the Photographer, including the Photographer’s legal representatives, from any liability arising from the use of the Images, intentional or otherwise. This Agreement qualifies as a model and property release for you, your pets, and your child(ren). The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons and property included in the portrait in this manner and shall indemnify and defend Kimberly Sarah Photography in the event of litigation arising out of such use.

Failure to Perform

If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to returning any retainer paid.

The Photographer shall be held harmless for any and all injury to the Client, the Client’s pet, and the Client’s property during the course of the photography session and the immediately surrounding events.

Arbitration

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

Severability

.In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The laws of the state of New Hampshire shall govern this Agreement.